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In reply to the discussion: In Lone Dissent, Justice Sotomayor Blasts Majority Opinion: 'No Foundation in Fact or Logic' [View all]unblock
(56,298 posts)44. It's an arrest because you are not free to leave:
https://www.nolo.com/legal-encyclopedia/justifies-arrest-probable-cause.html
An arrest occurs when a police officer takes a person into custody. However, arrest is not synonymous with being taken to jail. The following common situations illustrate the scope of an arrest:
Example A driver is stopped for a routine traffic violation. The driver technically is under arrest because the driver is not free to leave until the officer has written a ticket (or if its the drivers lucky day, only issued a warning). But the arrest is temporary. Assuming the officer has no basis to suspect that the driver is engaged in criminal activity other than the traffic violation, the officer usually releases the driver once the driver produces identification and signs a promise to appear in court (assuming a ticket was written). Traffic stop arrests do not become part of a persons arrest record, and do not count as arrests for the purpose of answering the question, Have you ever been arrested? (on a job or license application, for example).
An arrest occurs when a police officer takes a person into custody. However, arrest is not synonymous with being taken to jail. The following common situations illustrate the scope of an arrest:
Example A driver is stopped for a routine traffic violation. The driver technically is under arrest because the driver is not free to leave until the officer has written a ticket (or if its the drivers lucky day, only issued a warning). But the arrest is temporary. Assuming the officer has no basis to suspect that the driver is engaged in criminal activity other than the traffic violation, the officer usually releases the driver once the driver produces identification and signs a promise to appear in court (assuming a ticket was written). Traffic stop arrests do not become part of a persons arrest record, and do not count as arrests for the purpose of answering the question, Have you ever been arrested? (on a job or license application, for example).
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In Lone Dissent, Justice Sotomayor Blasts Majority Opinion: 'No Foundation in Fact or Logic' [View all]
Calista241
Apr 2020
OP
But he didn't. Part of his stop was running a plate for no NO reason. There was no ...
marble falls
Apr 2020
#3
No, this case isn't about "running plates". There is no question as to the legality of that.
PoliticAverse
Apr 2020
#29
No, read the dissent. The case isn't about the legality of "runnng plates"...
PoliticAverse
Apr 2020
#35
re: "So the police need evidence before they do an investigation to find evidence."
discntnt_irny_srcsm
Apr 2020
#72
Driving a car which is owned by someone with a suspended license is probable cause
docgee
Apr 2020
#74
not any time they feel like it, any time they reasonably think the driver is illegal
oldsoftie
Apr 2020
#32
The legal requirement is "reasonable suspicion", is it reasonable to suspect
PoliticAverse
Apr 2020
#55
Yes, justices Kagan and Ginsburg argued that it's reasonable to assume the car owner is likely
PoliticAverse
Apr 2020
#38
But part of running plates is to make sure a car is currently legal to be driven on the
cstanleytech
Apr 2020
#18
But that is just it once the plate was run then the officer knows the owner cannot be the driver and
cstanleytech
Apr 2020
#20
Well I will point out that the only judge that dissented was Sotomayor so clearly the other liberal
cstanleytech
Apr 2020
#26
"technically". Not "actually". Being detained is not the same as being arrested.
oldsoftie
Apr 2020
#60
There are some here who think that this was a fair bust, it wasn't. The deputy was 'fishing'.
marble falls
Apr 2020
#2
You make a good point; just because something isnt fair doesnt mean its illegal.
oldsoftie
Apr 2020
#40
Lots of people say "if you haven't done anything wrong, what's wrong with an investigation."
Igel
Apr 2020
#17
No it's not about the scanning itself it's about whether the information gleaned from the scanning
PoliticAverse
Apr 2020
#54
Well, I certainly have no problem with the erosion of my rights, or yours for that matter.
warmfeet
Apr 2020
#25